CHARLESTON – The estate of a man blames negligent health care by correctional authorities for his death.
Traci Konrad, as administratrix of the estate of Joseph D. Baggett, filed her complaint August 8 in Kanawha Circuit Court against Wexford Health Sources Inc. and the West Virginia Division of Corrections and Rehabilitation. Konrad was Baggett’s wife, and he had been arrested on a parole violation. Both lived in Huntington.
“The medical care, or lack thereof, that Joey Baggett received from Wexford Health was atrocious,” attorney L. Dante diTrapano told The West Virginia Record. “This young man died unnecessarily.”
diTrapano
According to the complaint, Baggett was transported from Stevens Correctional Center in Welch to Welch Community Hospital on June 21, 2021. He was admitted to the Emergency Department and was experiencing diarrhea, dehydration, dizziness and low blood pressure. He was discharged with a diagnosis of prolonged diarrhea, dehydration and anemia. He was given prescriptions and told to follow-up for lab results and more testing.
Baggett’s vital signs were taking regularly on June 27 and 28, but then not as often for the next few weeks. On July 9, he told staff he was having suicidal thoughts and was placed on suicide watch. From July 10-12, he refused to eat and was drinking very little.
“Baggett was told by Wexford medical staff that if he started to eat, drink and take his medications, he would be removed from suicide watch,” the complaint states.
On July 15, a Wexford staffers entered Baggett’s cell and were unable to get his blood pressure or pulse, and his carotid pulse was weak. He was transported to Welch Community Hospital then to Cabell Huntington Hospital. He died of sepsis on July 17.
Konrad accuse Wexford of medical negligence and negligent training and supervision. She also accuses the WVDCR of malicious conduct for failing to do anything despite Baggett being “clearly in a state of acute medical and mental health crisis.”
She seeks compensatory damages for Baggett’s pain and suffering prior to his death, sorrow and emotional suffering for his beneficiaries as well as for lost emotional support, society and companionship for his beneficiaries. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other expenses.
Konrad is being represented by diTrapano and Benjamin Adams of Calwell Luce diTrapano in Charleston, William C. Forbes and W. Jesse Forbes of Forbes Law Offices in Charleston and by Thomas P. Boggs of Duffield Lovejoy & Boggs in Huntington. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 22-C-644
